GENERAL TERMS AND CONDITIONS

Article 1 – Applicability

1.1 The general terms and conditions stated below (“Terms & Conditions”) apply to and are part of all offers and transactions under (digital) services offered (online) via the network of any mobile communication provider (“Operator”) with whom the End-user has a subscription (“Mobile Subscription”) or a Prepaid-agreement, irrespective of whether or not these services are further described in these Terms & Conditions. The (digital) services offered by the Provider may include (but are not limited to) games, text messages, sound and/or image files and/or similar services (“Services”) that are supplied via Operator’s network by means of Short Message Services (“SMS”), General Packet Radio Services (“GPRS”), Third Generation Services (“3G”), WAP or other means.

1.2 No departures from these Terms & Conditions shall apply except with the prior express consent in writing from the Provider for the specific agreement.

Article 2 – Delivery Service

2.1 The End-user requests the Service(s) from the Provider. These will be delivered by the Provider via network of the Operator to the End-user.

2.2 Upon sending the designated keyword to the dedicated short code, End-user will receive a welcome message as acknowledgment of the successful registration for this Service. Subsequently, the End-user will receive the content which End-user subscribed to at the frequency advertised.

2.3 This Service is a ongoing subscription service. The End-user will continue to be registered until end-user unsubscribe.

2.4 The End-user need to be at least 18 years old. If you are not the person responsible for paying the mobile bill or under years of age, please obtain the permission of the payer of the mobile bill, parents, guardian or employer before subscribing and/ or participating in the service. By subscribing and/or participating in the service, the Provider presumes that End-user has obtained the necessary permission, consent or approval from the payer of the mobile bill, guardian or parents.

2.5 The costs of subscribing for the Service of your choice is RM5.00 per received content by you. The frequency of the service will depend on the type of service of your choice which you have subscribed to. Please note that the sent message cost is not including the standard SMS, GPRS or 3G tariff as stated in your mobile phone plan provided by your operator. For all messages sent the standard text tariff may apply. These tariffs can differ per operator. Please contact your operator for more information on the charges imposed by them.

Article 3 – Costs

3.1 Offers or statements mentioned in advertisements or on www.glomobi.com (“Website”) are without engagement unless it is expressly stated in writing otherwise.

3.2 All SMS, MMS, WAP or GPRS content sent and received from the Provider, the standard costs for sending the SMS, MMS, WAP or GPRS content as set by the operators, may apply. End-user will pay for every message received and sometimes additional costs for every sent SMS, MMS, WAP or GPRS content.

3.3 On this website End-user will find the costs for the offered subscriptions content. In the case of a regular subscription, charges are debited against the End-user’s account by the Operator; in the case of a pre-paid subscription, charges are deducted from the End-user’s credit balance. The End-user hereby expressly grants his or her authorization for charging, and commits to payment in full for the charges incurred as a result of the subscription to the Provider’s service. By mutual consent it is furthermore possible to arrange payment of the charges by an alternative means (for example credit card).

3.4 The winner selection is supervised by an accredited notary.

Article 4 – Price changes

4.1 The Provider is at all times entitled to change any and all costs following prior announcement on the Website. Changes shall be deemed accepted if End-users continue to use or subscribing to the Provider’s Service(s) after the date on which the price change is to be implemented.

Article 5 – Termination

5.1 Termination of the Service may take place solely as stated on the Website.

5.2 End-user can unsubscribe/ terminate the subscription to the Service(s) by sending a stop-message to the short code (E.g. sms to the specified short code). Another way to unsubscribe is to contact our customer service by telephone . Always mention the mobile phone number. The contact data can be found on the website in ‘Contact’

5.3 The Service is deemed to be terminated solely once the End-user has received a confirmation message of the termination by SMS. The termination confirmation message shall incur a charge no greater than the actual cost of the message. The Provider may immediately terminate all Services to End-user if (a) the End-user fails to pay the charges within the period stated in End-user’s mobile phone subscription with the Operator, or (b) the Provider (i) has cause to believe that the End-user acts or has acted in violation of these Terms & Conditions or the Game Terms & Conditions or (ii) is expressly requested by the Operator to do so or (c) any law, regulations, directives or governmental action renders all or any portion of the Service is unlawful or impractical; or (d) the End-user use of the ’s Service impairs or threatens to impair the integrity or functionality of the the Provider network in any manner.

5.4 The Provider shall accept no liability towards the End-user and/or third parties resulting from termination or cancellation of the Service(s).

Article 6 – Intellectual property

6.1 Except where stated otherwise in these Terms and Conditions, all patent, author, brand, drawings, model rights and/or other (intellectual) property rights with regard to this Services and/or the Website belong to the Provider, their distributor, or its supplier.

6.2 The Provider hereby grants End-users with a limited, non-exclusive, non-transferable, and revocable right of use for the download, and/or viewing of the Service(s).

6.3 Unless expressly stated otherwise by the Provider, the End-users is expressly forbidden to reproduce, modify, reverse engineer, rent, lease, loan, transmit, duplicate, execute, transfer, distribute, sell, resell, create derived products from or use in any other way the downloaded or received Service(s) in whole or in part, other than in the ways and for the purposes expressly consented to in writing by the Provider.

6.4 The End-user indemnifies and hold harmless the Provider its officers, directors, employees, suppliers and any third party information provider and accepts liability to the Provider its officers, directors, employees, suppliers and any third party information provider for the consequences of breaches of intellectual property rights of the Provider or third parties, violation of this General Terms and Conditions arising from unauthorized use of the Services or conduct on the Website.

Article 7 – Liability

7.1 The use of the Services and Website of the Provider takes place at the End-user’s own risk. End-user must provide all compatible mobile phone, hardware or other devices and software and ensure that they are in working order and suitable for the services. The Provider cannot guarantee that the Service(s) meet the requirement of the End-user nor that the download, receipt and/or viewing of the Services shall be free of interruption or errors.

7.2 The End-users acknowledges that mobile telecommunication services, such as the Services, are subject to the ability to establish and/or maintain a connection, that the quality of the connection may not be equivalent or sufficient at every place and time, and that the Services can be negatively influenced or temporarily unavailable due to disturbances caused by physical factors (tunnels, mountains, buildings, etc.), or by modifications or maintenance to the Operator’s network.

7.3 If at any time the End-users is unable to make uninterrupted use of the Services, this shall in no way lead to any right to reduction of the charges for the Services nor to any right to restitution of payments previously paid.

7.4 Any subscription or download of the Services are at the End-user own discretion and risk and that under no circumstances shall the Provider be held liable for damage of any kind, including but not limited to infections or contamination or loss of data or damage(s) of the End-users’ hardware and/or software resulting from access to the Website or use of the Service(s) or downloaded Service(s), including the hardware and software required to connect to the Service(s). It is the responsibility of the End-users to take the necessary measures to avoid potential damage of this nature.

7.5 In the event that the Provider for any reason whatever is held liable to compensate the End-users for direct or consequential damage of any kind, such compensation shall on no account exceed the invoice value of the Service(s) paid by the End-user for the alleged damage.

7.6 The contents for the Service subscribed to by you have been compiled with the greatest care. However, the Provider cannot provide any guarantee as to the nature, accuracy or content of this information. The Provider shall not be held liable for any errors, omissions, inaccuracies, misunderstandings, delays or illegible orders or notifications pursuant to the use of the Internet, or the applicable information point.

7.7 The information Service provided by the Provider is for purpose of entertainment only. If information service is subscribed such as financial, love, management or any other information or advice, the information service are not a professional advice. If you require accurate advice, please seek advice from a professional and do not rely on the information provided in the Service(s) subscribed to.

7.8 The End-user shall not send infected and/or contaminated, unlawful, harmful, threatening, vulgar, defamatory, tortuous, invasive of other’s privacy or otherwise objectionable messages to The Provider, and indemnifies The Provider against any damages direct or consequential pursuant to the sending of such messages.

Article 9 – Legal choice

9.1 The use of the Services, the Agreement and the Website are subject to the laws of Malaysia. The failure of the Provider to exercise or enforce any rights or provisions of this General Terms & Conditions shall not constitute a waiver of such rights or provision. If any provision of this General Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties intention as reflected in the provisions to the fullest extent permitted by the law and other provisions of this General Terms and Conditions remains in full force.

9.2 Any and all disputes shall be resolved before a competent court in Malaysia.

Article 10 – Final provision

10.1 This General Terms & Conditions are available for viewing at the Provider’s Website, and a copy will be provided free of charge upon request.

10.2 The Provider reserves the right to change this General Terms and Conditions from time to time. Changes shall be notified to End-users by posting on the Provider’s Website. Changes in this manner shall be deemed to have been accepted if End-users continue to use or download the Service(s) after a period of date stated on which it will be implemented.

10.3 The Provider reserves the right to replace any item with other substitutes at similar value without prior notice.